USA > Pennsylvania > Bradford County > History of Bradford County, Pennsylvania, with Illustrations and biographical sketches > Part 11
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Colonel Abraham Horne was appointed agent, with a salary of twelve hundred dollars per year, to put the law in force. Ile was required to report to the attorney-general all who were engaged in the survey or transfers of land under the Susquehanna company's title, all who were hold- ing their land under such title, unless, under hand and seal, they would relinquish all such claim and promise submis- sion to the laws of the State. The duties of his office were odious to a free people. He was a legalized inquisitor. He was regarded and treated by the half-share men as a spy and an enemy, and shunned as men would shun the plague.
On April 9, at another meeting of the land-holders, which represented claimants to more than one million three hundred thousand acres of land, of which Samuel Hodgdon was president, it was resolved that each land-holder would contribute, in proportion to the amount of land claimed by him, towards the necessary expenses of putting in full force the law against intrusions, which were estimated at three thousand two hundred dollars. Legal counsel were re- tained, and Dr. Robert H. Rose was appointed a special agent to treat with the settlers for the sales of lands.
Whatever may be thought of the merits of the conflicting claims to the right of soil in the Susquehanna company's purchase, the intrusion law was deserving of the odious epithets applied to it by the half-share men. It arrayed the courts and the military power against one class of citi- zens in favor of their adversaries. It gave to one party. the exclusive power of deciding grave legal questions in- volving the dearest rights of the opposing party. The law was not only in the interest of the land-holders' association, but was executed by them. Their counsel were the actual prosecutors in the criminal as well as the eivil suits which arose under it. They assumed and did speak for the gov- ernment on questions arising under the law. At their dic- tation parties were tried or pardoned, convicted or set free. The land-holders were most of them residents of Philadel- phia, who had invested far beyond their means in wild lands on which they set a fabulous value. The settlers were poor, industrious, and economical. So that whether we consider the parties, the policy of the law, or the manner of its
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HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.
execution, we need not be surprised at the indignation it aroused in the half-share men.
Colonel Horne entered at onee upon his mission. In June he, eame into Bradford County, but apprehending danger from the violent opposition of the people, he stopped at Asylum. Rev. Thomas Smiley, then residing near Franklindale, had written to the agent that nearly all the forty settlers on Towanda creek would renounce their Con- necticut titles and purchase of the Pennsylvania claimant. A conference was held at Asylum. Mr. Smiley was com- missioned deputy agent, and furnished with the necessary papers. July 7, he obtained the signatures of nearly forty to their relinquishments and submissions, and started for Asylum. A meeting was held, and the wild Yankees de- termined that the business must be stopped. About twenty men from Sugar creek, Ulster, and Sheshequin, armed and disguised, started in pursuit. Mr. Smiley, hearing the ar- rangements of the conspirators, went down to Joshua Wythe's, near Monroeton, where he remained until dark, and then stopped for the night at Jacob Grantier's, then living where Major Hale's residence now is. The party, learning of his lodging-place, followed him, broke into his room, compelled him to burn his papers, took him near the creek, poured a bottle of tar over his head, covering it with feathers, when, after giving him sundry kicks, ordered him to leave the country. John Murphey, David Campbell, Jacob Irvine, Ebenezer Shaw, Stephen Ballard, and Ben- jamin Griffin were arrested for the assault, but the proof being insufficient, the grand jury returned the bill igno- ramus. It has been said the man who carried the bottle of tar was on the grand jury, but as in this capacity he was supposed to take cognizance only of the facts proved,. he was not expected to decide from his own personal knowl- edge, and therefore voted with the majority .* Mr. Smiley
# The following papers, which relate to the period of the intrusion law, will be read with interest by those who are interested in these matters. The first is a letter from Elder Thomas Smiley to Samuel Hodgdon, dated Newberry, Lycoming county, July 16, 1801 :
"GENTLEMEN,-I would assure you that it is not because that I think that I am able to teach your much superior abilities the proper means of proceeding in this business (for I have never appeared io the public world) that I put you to this trouble, but because I conceive that I can give you some information that I expect may be of special use both to the land-holders and the settlers. As to any information who and what I am, more than a sincere philanthropist, I shall refer you to Col. Horn, who will most likely be the bearer hereof.
" The settlers from the heads of Towanda creek nntill Allen's Mill, or below, a distance of abont twenty miles, have, ever since I have been there (that is about two years), been unitedly in favor of the Pennsylvania claim, and desirous to purchase of the proper owner, if he could be found, but being unacquainted with land affairs in this State, had but very incorrect ideas of attaining toit ; there- fore, when the supplement to the intrusion law came out last February, after advice with my neighbors, we sent an address to Mr. Cox, with a desire that he might lay it before the governor, wishing that we might have (if the thing would admit) some favor. This I hear has now come into your hands, but at that time we knew nothing about a committee of land-holders or any general association of them having been formed.
"Upon the earliest information that I had of Col. Horn'e being in Wilkes- barre, I wrote to him concerning the situation of myself and neighbors. He received the letter after his return from the city with the proposals made by the land-holders by their committee ; he therefore sent forward a specimen of both the proposaly and declaration to me. I communicated it to my friends, to their infinite satisfaction, and they sent me to Col. Horn to procure further instruc- tions, and the means of their compliance, which has been done and executed, but I blush to relate to you that there are none of the certificates now in ex- istence; therefore, for particulars on this point, I refer you to the agent himself, who is able to give you full information.
" What I have wrote already is designed as an introduction, therefore I would further wish to inform you that, since the last-mentioned disaster took place, I have revisited my neighbors, and find them all fixed in the principles they first
removed to Lyeoming county, where for twenty-five years he was pastor of the Baptist church in White Deer valley.
acted upon ; wherefore, I take this method to inform you further that there is a party that are much set against government, and use every means in their power to make both the laws and means of compromising abortive. Their argument against the law is that it is unconstitutional, ex post facto, etc., and against the compromiso offered ; that the Pennsylvania claimants are sensible of the Con- Dectieut claim be ng of some value, or else they would not want it to be aban- doned; that the people are signing awny their labor as well as the soil, and so they say it is their own death-warrant; that it has been formerly experienced that proposals of this kind cannot be relied on ; that there are ten owners to one tract under Pennsylvania; that the reasonable price at which the settler will get the lands at, will, In our back country, he seven or eight dollars per acre, and the money all paid down, or else leave the lands instantly. These things are mitfully circulated with, I had almost said, a thonsand others, in order to deter innocent people from their duty. For the remedy of this, I would beg leave to recommend that the most carly and effectual measures be set on foot, to let the settlers on Towanda have their lunds according to their expectation on their compliance; and if the present point of time will not permit their neting in it, it there could be some short acknowledginent for what is donr ly them, and an answer sent to the objectors with testimony of a design of the land-holders to persevere in the plan proposed, it would work most powerfully, or else I am mistaken, not only on the people of the place aforesaid, but on the neighboring settlements around, for I would wish to inform you that I know of, I suppose, more than two to one set. lers that would comply, than what have given me certificates, but dare not for the mob. This I have stated would make them therefore mnore active and bold. A considerable number of honest, indus- trious people of the last description is on the heads of Sugar creek, and the few days I staid in the country after my defeat, I had int mations from people re- peuttedly desiring me to a-sist them what I could. Where I am and what eu- gaged in, Cul. Horn will inform you, and I'll therefore cirenlate anything that comes to my hands amongst the settlers as quick as possible."-[ Note .-- A few lines of the letter are partly torn, which is in substance that the seat of oppo- sition was about Tioga and the month of Sugar creek.]
ELDER SMILEY'S LETTER TO COL. HORNE.
"SIR,-I have been looking over the instructions given yon by the governor, published in Mr. Wright's Wilkesbarre paper, and find it enjoined by it and the laws also that all good citizens should be aiding and assisting in carrying on matters so that the law may fully operate ; therefore, although a stranger, I take the liberty to beg of you for your attention in a few particulars, while I do assure you that I am in every respect a real friend to you, his excellency, the governor, and the laws of the State. This I hope you will be the more ready to believe when I inform you that although I am so unfortunate as to be living in Luzerne county, I am a born citizen of Pennsylvania, and early in life took the oath of hidelity to the State, which with a good conscience I can say I have never violated, and have appeared repeatedly in her defense, in the last war, where I expused my life for her defense, and am now a steadfast fr.end to it, in regard to the Pennsylvania ttle. On this acconot I am also willing to assist government in carrying into operation the intrusion law and the supplement to it; but as I possess both humanity and philanthropy, I would wish to inform you also that myself for one, and a great number more of my neighbors that appear to me to be innocent, if it is put in its full force against na, must suffer greatly. I can speak for my own part, as I was drawn into this place by misfortunes that befell me, and, being no friend to the pre- tensions of the Connecticut claimants, I have settled on land, expecting to pur- chase it as soon as I could find the right and lawful owner, and if that could not be done, leave it; but expected there would be no doubt but it might be bonght. However, no owner has appeared, nor can we conveniently find them ; therefore, what I would now wish to know is whether it would not be in your power to favor me so that I might have a chance of buying the land, and if not, as I deny no faults, please to let me have a little time and I will move off and leave it, and I will give you or the State all necessary assurances for the same; or, if it would be no transgre-sion, I would be willing to dispossess myself and be repossessed by you as a tenant for the State, and pledge my honor I shon! ! never violate the law. I have been an unfortunate person, but I regard my country and its laws, therefore beg of you for favors if it can be anyhow con- sistent with your duty. As to my neighbors, I know of a great many innocent people among them who have been imposed upon, while they lived in different States, hy Connecticut speculators, who deceived them and sold them land here which they had never seen wor known of (the dispute abont it), for which they paid their money, and are now very sorry for it. A great many others better informed have settled in the same menner I have done, and are by no means wanting to oppose the law, but would wish to do as I would want to do. I have this much further to say, that I believe it would be in my power to bring a great many more into the same principles. And if you give me any encouragement I shall. And in this manner I should be happy in being a good citizen, and assist in cansing the law to have its full force and effect. As to the Connecticut speculators, I am not knowing to anything that would be proof against any of them, but if the law can take hold of them, I believe it would be exactly right.
" I live in the aforesaid county, district of Wysoks, and abont twelve miles up Towanda creek, and have heard you are a humane person. Will be glad, therefore, to see you bere acting in your appointment, and treat you with re- spect as such when you come. Write, if you please, as soon as you receive this,
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HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.
In 1819, the legislature granted him two hundred and fifty dollars in compensation for his sufferings.
and send it up by the next post. And if it is your mind that I should do as I have propused, I expect I could have the influence to bring mady persons of the Sugar creek settlement into the same sentiments.
"I remain, with great respect, a friend to you and the law.
"THOMAS SMILEY,
"TOWANDA, May 18, 1801.
" To Col. Abraham Horn when he comes to Wilkesbarre."
COL. HORNE'S LETTER TO THE SETTLERS BY THOMAS SMILEY. " LANCASTER, June 24, 180I.
" To the settlers of Lycoming and Luzerne counties who have settled on lands con- trary to the laws of this State, and since the 11th of April, 1795, etc.
"GENTLEMEN,-I have come into these parts of the county in order to make it convenient for you to come forward and comply with the proposals made by the land-holders for your own safety and the public good in general. I would wish to inform you that I am your real friend, therefore have taken pains to have this done for you. Now it lays with you to consider well and understand the true meaning of this declaration, presented te you for your signature, after which you will be entitled to your improvements, and prevent snits being brought against yon, for which you will have reference to a letter signed by the 'committee of land-holders.' I would also wish you to understand that this will answer me all the purposes of my appointment with them that do comply. My instructions are positively to put the law in force against all those that remain obstinate. But signing the declaration will be considered as a com- pliance with the law, and will be a satisfaction to myself in behalf of govern- ment. You may also depend that the governor is your friend, and that the land-holders are disposed to sell yon the land upon reasonable terms and a reasonable price, but they cannot set a price per acre, for you all know that the greater part of this county is very rough, and worth but I ttle. But having reference to their own letter, yon will find that they now ask you no more for the land you have settled on than what they can get for the rough land around y'ın. As soon as you have submitted you make yourself a l'ennsylvania pos- sessor, and become a party, so that you have a right te adopt some mode of get- ting ut the value, either by choosing men between you and the land-owners, or otherwise. Some, to be sure, may think that their lands are worth more than what they are. But, as soon as yon become a party by the land-holders' own stipulation, if you cannot agree, yen must leave it to men. I hope none of you will perenade yourselves, as I hear some do, that the land-holders are sensible of the Connecticut claim being of some value, or else they would not want first an abandonment to be made, for if I had not get this set on foot my agency would have obliged me to have presented every settler immediately who had settled since the intrusion law, passed in 1795. Se I hope none will blame ine if they do suffer on account of their obstinacy. As it is impossible for me to attend to all th's business without assistance, I have inquired, to my satislac- tion, into the character of your neighbor, Mr. Themas Smiley, and hereby en- power him to act for me with yon, in my stead, as if I was personally present. It gives me great pleasure to hear by Mr. Smiley that you are generally disposed to offer yourselves to become citizens of Pennsylvania, which may add to yenr being very reasonably dealt with by the land-holders. As to your getting good title, I again refer you to the land-holders' letter. For they put it in your hands to stipulate for good titles, and not pay anything till you can satisfy yourselves. For further particulars apply to Mr. Thomas Smiley."
[The rest is torn off.]
At Mr. Smiley's suggestion the settlers on Towanda creek sent a petition to the land-holders, asking that they might not be disturbed in their possession, and promising submission to the Pennsylvania government. The following are the " names of them that signed the petition that was sent:"# Truman Holcomb, Thomas Smiley, David Wooster, Joel Bodwell, Thomas Green, Scely Crofoot, Peter Gordon, Nicholas Gordon, Thomas Granger, Miles Oakley, Luther Hindman, Elihu Knight, George Brown, Henry Seegar, David Andrews, Reuben Jones, Aaron Cook, Isaac Wooster, Daniel Allen, Joanna Latimer, . John Knap, Luther Austin, Samuel Knap, Benjamin Stone, David Austin, Isaac Allen, Nathaniel Edsal, Samuel Cramer, Usel Carter, Noadiah Cramer, William Dougherty, Peter Edsal, Joseph Van Siek, -33.
COPY OF A LETTER SENT TO DR. VAN SICK DY TENCH COX.
" LANCASTER, PA., June 10, 1801.
"Sin,-I have received your letter of the 19th of May, and have sent the names of the 34 persons therein named to the commissioners for Colonel Horne, the agent, and to the committee, but it will be necessary for them to sign a decl iration to the effect, communicated through you. The dispositions you ex- press in their behalf are proper, and I am glad to have received them.
"The commissioners are Thomas Cooper, Esq., General John Steele, and Willintu Wilson, Esq., and they ( Mr. Horne, the agent, Mr. Sanbourn, the deputy surveyor) have completed maps of the country. From them the owners of the lands may be learned. Perhaps the commissioners may know them. If the
* This and the copy of Tench Cox's reply are in the handwriting of Colonel Franklin.
In 1803, an assault still more serious was made upon Mr. Bartlet Hinds, of Susquehanna county. In 1801, Mr. Hinds had been indicted with others under the in- trusion law, but becoming convinced that the land-holders would succeed in maintaining their claim, bought the Pennsylvania title, and endeavored to persuade others to do the same. This gave great offense to the half-share men on the Wyalusing creek. Miss Blackman says, "They pur- chased a note of Mr. Hinds, commenced a suit upon it, took him fourteen miles from home for trial before D.
settlers in any part will send me, post-paid, the best draught, or plan, of their farm, or farms, in their power, with a declaration, signed, that they unreservedly disclaim all right, title, pretension, or claim under Connecticut and the Susquehanna company, and acknowledge a desire to purchase the Penu title, I will endeavor to have it made known to the owners, and to secure them a preference; but there must be ao delay, for any person who persevered through the summer as an intruder will suffer from the law, and caunot expect to obtain a purchase of the land from the injured Penn owner.
"Those who submit in writing will find in me a sincere and active friend. Those who do not will meet the whole power of the government and the whole force of the land-holders and their counsel. I send you a statement of our affairs for the public information, and am, with a tender of my services for the peace of your neighborhood, your very humble servant."
COPY OF THE DEPOSITION MADE BY THOMAS SMILEY.
"LYCOMING CO., $8.
"Be it remembered that on the fifteenth day of July, one thousand eight hundred and one, Thomas Smiley appeared before the Honorable William Hep- burn, Esq., one of the judges of the court of Common Pleas, of Lycoming county, and on his solemn oath, according to law, made the following declaration :
"J, the stid Thomas Smiley, resident upen Towanda creek, in Luzerne county, on the 24th day of June last, received instructions from Colonel Horn, the governmental agent, under the intrusion act, to receive from the settlers on the creek relinquishments of title under Connecticut and submission to the laws of Pennsylvania. In this Isines. I continued until the eighth of July, inst., on which day I had appointed to meet Colonel Horn at Asylum.
"On the morning of that day, before daylight, being in bed at the house of Jacob Granadier, at the month of Towanda creek, I was awaked ont of sleep hy a voice asking the man of the house for Thomas Smiley. Mr. Granadier assured them that I was there in a room that he directed to. At this I got np and saw the passage between me and the door full of men. While I was putting on my clothes, they (by order of one of this company, who afterwards acted as lender) kindled the fire. They asked for the certificates that I was carrying to Colonel Horn. I asked by what authority they demanded them. The leader presented a large pistol to my breast, saying it was his authority, or a similar expression. I then discovered that they were all blacked, and several, if not all of them, had pistols. I think they demanded the papers a second time, and that quickly, under awe by their appearance, thinking it vain to resist, I delivered up the relinquishments that I had procured to he signed. They took them to the light of the fire and examined if they were the real papers that they wanted. They had asked for a candle of Mr. Granadier, but on his rising they told him he might go to bed again. While they were examining the papers at the fire, their leader and one other stood by me with pistols. After they had looked at them some time, one cried out, saying, 'Here is one David Allen has been signing.' The papers were in two bundles. The one which they first opened was by the leader put into my hands, and I was by him ordered to burn it. This I complied with. The other bundle was next put into my hands with like orders by the leader, which I likewise complied with. While they were burning I was asked if I had any more papers. I answered that I had not. With the papers they had got from me a letter that I was carrying from Joshua Wythe to Colonel Ilorn, which they examined and said they would keep, and they kept it. When the papers were done burning, the leader took hold of my left arın and said that I must go with them. Another held the skirt of my coat ou the other side. They led me a small distance down the creek towards Bow- man's, but npon some of them behind me saying that I was to go the other way, they turned and took me up the creek about twenty or thirty perches above the house of Mr. Granadier. They told me on the passage that I must leave the country. A series of apprehensions of danger presented themselves to me, and I had donbisof being shot, rode on a rail, beaten, or otherwise. They sonted me on a log, and the leader put tar over my head and beard, and another put feathers over it. Daylight in a clear morning was just now appearing. The leader, after giving me a kick, told me that I might ge; I asked for my hat which I got, thanked them, and they were off precip tantly and were soon out of siglit. As near as I could ascertain their number was eight. I could make no certain discovery of the persons of any of them. While the papers were burning, as is above stated, or about that time, strict inquiry was made by the leader for Colonel Horn. I answered that I believed he was at Wyalusing. I have come into Lycoming county for protection. I feel apprehension of per- senal danger from returning to my residence on Towanda.
" Sworn and subscribed the same 15th of July, 1801, before
" WILLIAM HEPBURN."
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HISTORY OF BRADFORD COUNTY, PENNSYLVANIA.
Ross, Esq. (near the forks of the creck), at a late hour of the day, making it necessary for him to remain overnight. In the evening, the house in which he lodged was surrounded by a mob, who foreibly entered the house, and tying him to a horse's tail, dragged him through the Wyalusing creek, near its forks. When nearly exhausted, Mr. Hinds made the Masonic sign, which induced one of the fraternity to give him assistance, but when he had reached the shore his assailants formed a ring, and, scizing his hands, drew him around his burning effigy, and occasionally pushed him into the flames. For this decd eightcen persons were indicted for riot and assault, and taken to Wilkes-Barre, as the parties belonged to what was then Luzerne county. On the trial the defendants withdrew the plea of ' not guilty' and entered 'guilty.'"
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